The Mild Adoption and the Appointment of the Special Guardian: Commentary on the Ruling of the Court of Cassation, Sec. I, Ord. No. 25073/2024

The recent ruling of the Court of Cassation, No. 25073 of September 18, 2024, offers crucial insights into mild adoption and the necessity of appointing a special guardian in proceedings involving minors. The Court clarified that the omission of such an appointment results in the nullity of the judgment, emphasizing the importance of ensuring the best interest of the minor.

The Procedural Story

In the case examined, the Juvenile Court of Palermo had ordered the adoption of the minor E.E. by a couple of uncles, C.C. and B.B. However, the biological mother D.D. and the grandmother A.A. challenged the decision, raising questions regarding the legitimacy of the procedure and the failure to appoint a special guardian for the minor. The Court of Appeal rejected the appeals, but the issue reached the Court of Cassation, where the lack of procedural guarantees for the minor was highlighted.

The appointment of a special guardian is deemed necessary to ensure the best interest of the minor.

The Role of the Special Guardian

The Court established that the appointment of a special guardian is essential in situations of conflict of interest, even if there is no explicit conflict between the minor and the parents. In this case, the mother had been declared unfit for parental responsibility, and the father was not even identified. Consequently, a legal representative for the minor was necessary to protect their interests in the adoption process.

  • The appointment of a special guardian protects the minor in vulnerable situations.
  • Ensures that decisions are made in the superior interest of the minor.
  • Prevents potential conflicts of interest between the parties involved.

Implications of the Ruling

The ruling of the Court of Cassation highlights the importance of an adoption procedure that not only adheres to legal norms but also ensures the respect of minors' rights. The Court emphasized that every decision must be made with consideration for the stability and well-being of the minor, and that the lack of a special guardian could compromise the proper conduct of the proceedings.

Conclusions

In conclusion, the ruling No. 25073/2024 of the Court of Cassation represents an important precedent in the field of adoption, reminding all legal practitioners of the importance of protecting minors and the necessity of ensuring that every voice is heard in such a delicate process. The appointment of a special guardian should not be seen as a mere bureaucratic fulfillment, but as a fundamental tool for safeguarding the interests of the minor.

Bianucci Law Firm